California Court of Appeal

Reset A A Font size: Print

People v. Rivera, H041742

In this case involving the determination of which court, the Court of Appeal or the appellate division of the superior court, has jurisdiction over the appeal, defendant was originally convicted of a felony but the offense was later designated a misdemeanor under Proposition 47 (the Safe Neighborhoods and Schools Act). The court holds that: 1) nothing in Proposition 47 alters existing rules regarding appellate jurisdiction; and 2) therefore, if a defendant is charged with at least one felony in an information, an indictment, or in a complaint that has been certified to the superior court under Penal Code section 859a, as here, it is a felony case and appellate jurisdiction properly lies with the Court of Appeal.

Appellate Information

  • Decided 01/29/2015
  • Published 01/29/2015

Judges

  • Marquez

Court

  • California Court of Appeal

Counsel